New legislation for the "electronic cigarette"?

Well, this is new and does pose some curious issues about legislation. Just about everyone is on the bandwagon to ban smoking everywhere dressed in the guise of health concerns for the individual, the cost of treating related health ailments, and second hand smoke. Now a new definition must be made as to what smoking is supposed to be. Obviously all references are to a plume of smoke...that's the obvious tip off with the potential for underlying health issues. But now there is the smokeless cigarette supplying the desired nicotine without the smoke. Now what will one do at the work place? Under the current definition, where there is smoke there is a violation of the law, but now things have changed and I see a law suit on the horizon.

Scenario one...using one of these at an all guy poker game.

Scenario two...having a homeless person asking for a smoke.

Electronic cigarette [Wikipedia]